Stouffs v Salvadora Properties Eight Three CC and Others (46655/2012) [2014] ZAGPPHC 552 (14 July 2014)

Stouffs v Salvadora Properties Eight Three CC and Others (46655/2012) [2014] ZAGPPHC 552 (14 July 2014)

The court found that the MDT failed to provide adequate reasons for its decision, as required by PAJA, and did not furnish a proper record of the proceedings. The reasons given were generic and did not address the evidence led by the applicant and other objectors. The MDT did not provide proof to the contrary,...

Source-derived case information.

Citation
[2014] ZAGPPHC 552
Parties
Applicant: Ivan Richard Stouffs; Respondent: Salvadora Properties Eight Three CC; Respondent: The Chairman of the Mpumalanga Development Tribunal; Respondent: The Member of the Executive Council for the Department of Agriculture, Rural Development and Land Administration of the Mpumalanga Province; Respondent: The Premier of Mpumalanga; Respondent: Development Appeal Tribunal
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 July 2014
Case Number
46655/2012
Procedural Posture
Review Application / Judgment
Outcome
Application for review granted; MDT decision set aside; costs awarded against second, third, and fourth respondents.
Judges
A.A. Louw
Legal Topics
Promotion of Administrative Justice Act, Failure to Provide Reasons, Exhaustion of Internal Remedies, Development Facilitation Act, Procedural Fairness
Administrative Law Land and Property Promotion of Administrative Justice Act Failure to Provide Reasons Exhaustion of Internal Remedies Development Facilitation Act Procedural Fairness

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Parties

Ivan Richard Stouffs

Applicant

Salvadora Properties Eight Three CC

Respondent

The Chairman of the Mpumalanga Development Tribunal

Respondent

The Member of the Executive Council for the Department of Agriculture, Rural Development and Land Administration of the Mpumalanga Province

Respondent

The Premier of Mpumalanga

Respondent

Development Appeal Tribunal

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Mpumalanga Development Tribunal provided adequate reasons for its decision to approve the land development area.
  2. 2 Whether the applicant was denied the right to appeal due to procedural failures by the respondents.
  3. 3 Whether the proceedings before the MDT and the attempted appeal were procedurally unfair.

Ratio Decidendi

The court found that the MDT failed to provide adequate reasons for its decision, as required by PAJA, and did not furnish a proper record of the proceedings. The reasons given were generic and did not address the evidence led by the applicant and other objectors. The MDT did not provide proof to the contrary, resulting in a presumption that the administrative action was taken without good reason. The applicant took all reasonable steps to exhaust internal remedies, but was frustrated by the dysfunction and lack of resources of the MDT and MDAT, which deprived him of his right to appeal. The review application succeeded on both the failure to provide reasons and the denial of the right to...

Court Disposition

Application for review granted; MDT decision set aside; costs awarded against second, third, and fourth respondents.

Orders

  • The decision of the second respondent under reference number MDT21/04/10/01 Farm Kaalbooi dated 18 November 2010 is set aside.
  • The second, third and fourth respondents are ordered to pay the applicant’s costs, the one paying, the other to be absolved.